Criminal Mischief

Criminal Defense

This page is designed to help you better understand the basics of criminal mischief, what behavior constitutes a charge of criminal mischief, what are the various consequences of a charge of criminal mischief, and how an attorney can help a person who has been charged with criminal mischief.

As you will see the circumstances and consequences for an individual who is charged with criminal mischief can vary greatly and can have a somewhat severe impact on a person who is found guilty. A criminal mischief charge, like any other criminal charge, is always a serious matter that can have lasting consequences on that individual’s reputation and life if they are not careful. A person should always be aware of the situation they are involved in and whether or not they should be doing what they are doing.

Note: Just as with any other legal situation, if a person finds themselves in a situation where they may be charged with criminal mischief, that individual should not hesitate to contact an attorney. It is a smart tactical move and can prevent a person from incriminating themselves or possibly getting themselves into even more trouble. This page details the specifics regarding the law of criminal mischief in the state of Ohio, and can vary from state to state. This article and its contents are merely for informative purposes and should not be construed as legal advice. For accurate and up-to-date legal advice, an individual should contact an attorney or legal professional.

What Is Criminal Mischief?

As can be seen below, behavior that constitutes criminal mischief can vary from a wide range of things. The most common forms of criminal mischief are tampering with someone’s property and vandalism.

Criminal mischief is defined as “a crime governed by state laws, which vary by state. It generally involves any damage, defacing, alteration, or destruction of tangible property with criminal intent.”

In the state of Ohio, criminal mischief is covered under Ohio Revised Code (ORC) § 2909.07. The specific elements for what constitutes criminal mischief is covered under § 2909.07(A).

§ 2909.07(A) states:“(A) No person shall:

(1) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with the property of another;”

Breaking It Down: Any individual who knowingly messes with somebody else’s property without the owner’s permission is engaging in criminal mischief. Destroying a mailbox or vandalizing a neighbor’s house are examples of criminal mischief under subsection (A)(1).

“(2) With purpose to interfere with the use or enjoyment of property of another, employ a tear gas device, stink bomb, smoke generator, or other device releasing a substance that is harmful or offensive to persons exposed or that tends to cause public alarm;”

Breaking It Down: Any person who releases a harmful or offensive substance with the purpose of interfering with someone’s enjoyment of another’s property is engaging in criminal mischief. Throwing stink/smoke bombs in a neighbor’s yard while they’re having a cookout or setting up a smoke machine to blow on someone who is trying to enjoy themselves are prime examples of criminal mischief under subsection (A)(2).

“(3) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with a bench mark, triangulation station, boundary marker, or other survey station, monument, or marker;”

Breaking It Down: Any individual that knowingly messes with or destroys a means of identifying boundaries or a location would be engaging in criminal mischief. Pulling out another person’s survey stakes or stealing/destroying unattended survey equipment are prime examples of criminal mischief under subsection (A)(3).

“(4) Without privilege to do so, knowingly move, deface, damage, destroy, or otherwise improperly tamper with any safety device, the property of another, or the property of the offender when required or placed for the safety of others, so as to destroy or diminish its effectiveness or availability for its intended purpose;”

Breaking It Down: Any individual that knowingly tampers with or destroys a safety device of another person or of their own that is required to be there for the safety of others would be engaging in criminal mischief. (Note: § 2909.07(B) provides the definition of “safety device” for this section. It states: “(B) As used in this section, “safety device” means any fire extinguisher, fire hose, or fire axe, or any fire escape, emergency exit, or emergency escape equipment, or any life line, life-saving ring, life preserver, or life boat or raft, or any alarm, light, flare, signal, sign, or notice intended to warn of danger or emergency, or intended for other safety purposes, or any guard railing or safety barricade, or any traffic sign or signal, or any railroad grade crossing sign, signal, or gate, or any first aid or survival equipment, or any other device, apparatus, or equipment intended for protecting or preserving the safety of persons or property.”)

“(5) With purpose to interfere with the use or enjoyment of the property of another, set a fire on the land of another or place personal property that has been set on fire on the land of another, which fire or personal property is outside and apart from any building, other structure, or personal property that is on that land;”

Breaking It Down: Any individual that sets a fire on the property of another to interfere with a person’s enjoyment of that property would be engaging in criminal mischief. Lighting a fire on a neighbor’s land or lighting something on fire and then placing it on someone else’s property are prime examples of criminal mischief under subsection (A)(5).

“(6) Without privilege to do so, and with intent to impair the functioning of any computer, computer system, computer network, computer software, or computer program, knowingly do any of the following:

(a) In any manner or by any means, including, but not limited to, computer hacking, alter, damage, destroy, or modify a computer, computer system, computer network, computer software, or computer program or data contained in a computer, computer system, computer network, computer software, or computer program;

Breaking It Down: Any individual that messes with a computer or computer system/software that isn’t their own for the purpose of impairing the functionality of that computer, computer system or software would be engaging in criminal mischief. Hacking into someone’s computer or creating a virus and placing it on another person’s computer are prime examples of criminal mischief under subsection (A)(6).

All of this behavior on the part of an individual constitutes criminal mischief and, like most crimes, can have serious consequences for an individual who is found guilty.

What Are The Consequences Of Criminal Mischief?

The consequences for someone found guilty of criminal mischief varies depending on the circumstances that brought about the criminal mischief charge and the person who is accused. § 2909.07(C) covers the various consequences and charges a person can face if they are found guilty of a criminal mischief charge.

§ 2909.07(C) states:

“(C)

(1) Whoever violates this section is guilty of criminal mischief, and shall be punished as provided in division (C)(2) or (3) of this section.

(2) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the third degree. Except as otherwise provided in this division, if the violation of division (A)(1), (2), (3), (4), or (5) of this section creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a misdemeanor of the first degree. If the property involved in the violation of division (A)(1), (2), (3), (4), or (5) of this section is an aircraft, an aircraft engine, propeller, appliance, spare part, fuel, lubricant, hydraulic fluid, any other equipment, implement, or material used or intended to be used in the operation of an aircraft, or any cargo carried or intended to be carried in an aircraft , criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is one of the following:

(a) If the violation creates a risk of physical harm to any person, except as otherwise provided in division (C)(2)(b) of this section, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fifth degree.

(b) If the violation creates a substantial risk of physical harm to any person or if the property involved in a violation of this section is an occupied aircraft, criminal mischief committed in violation of division (A)(1), (2), (3), (4), or (5) of this section is a felony of the fourth degree.”

Breaking It Down: Under normal circumstances, a person who is found guilty of criminal mischief is guilty of a 3rd degree misdemeanor (punishable by up to 60 days in jail and/or a fine of up to $500). If the individual’s actions create a risk of physical harm to any person, that person is guilty of a 1st degree misdemeanor (punishable by up to 180 days in jail and/or a fine of up to $1,000). If a person commits criminal mischief on an airplane or anything involved in an airplane, the consequences are much more severe and can vary in two ways. If it creates a risk of physical harm to any person, that person is guilty of a 5th degree felony (punishable by anywhere from 6 to 12 months in prison and/or a fine of up to $2,500). If their actions creates a substantial risk of physical harm to any person, that person is guilty of a 4th degree felony (punishable by anywhere from 6 to 18 months in prison and/or a fine of up to $5,000).

“(3) Except as otherwise provided in this division, criminal mischief committed in violation of division (A)(6) of this section is a misdemeanor of the first degree. Except as otherwise provided in this division, if the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is one thousand dollars or more and less than ten thousand dollars, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a risk of physical harm to any person, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fifth degree. If the value of the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section or the loss to the victim resulting from the violation is ten thousand dollars or more, or if the computer, computer system, computer network, computer software, computer program, or data involved in the violation of division (A)(6) of this section is used or intended to be used in the operation of an aircraft and the violation creates a substantial risk of physical harm to any person or the aircraft in question is an occupied aircraft, criminal mischief committed in violation of division (A)(6) of this section is a felony of the fourth degree.”

Breaking It Down: Under normal circumstances, if a person is found guilty of criminal mischief under subsection (A)(6), that person is guilty of a 1st degree misdemeanor (punishable by up to 180 days in jail and/or a fine of up to $1,000). If the computer, program, software, computer system the person messed with was worth anywhere from $1,000 to $9,999 or used for aircraft purposes, that person is guilty of a 5th degree felony (punishable by anywhere from 6 to 12 months in prison and/or a fine of up to $2,500). If the computer, program, software, computer system the person messed with was worth $10,000 or more, or used for aircraft purposes, that person is guilty of a 4th degree felony (punishable by anywhere from 6 to 18 months in prison and/or a fine of up to $5,000).

How Can An Attorney Help You?

As mentioned at the top of this page, if an individual finds themselves being accused of criminal mischief, the first step they should take is contacting an attorney who can assist them with this issue. An attorney is a paid professional who specializes in the law and is better equipped to analyze the details of a person’s case and present them with the best possible defense and the best possible outcome. An individual should never be afraid to contact an attorney if they have been accused of a crime, including criminal mischief.

With the help of a criminal defense attorney or a criminal defense law firm, a person can build a proper defense or even work to get the charges dismissed if there is an issue with the facts. Misunderstandings happen every day and an individual may find themselves somewhere where they shouldn’t be by accident or mistake. An attorney can help the court to better understand the facts of your case and maybe earn an individual some leniency if they are a first time offender or if there is the possibility of a lighter sentence.

Most importantly, an attorney will do everything they can to ensure that a person’s case results in the best possible outcome for that person. When an individual hires an attorney, they are not just hiring a person to represent them in court; they are also hiring a person to help them better understand the very technical world of the law. With the help of an attorney, an individual can ensure that their case is in the best possible hands.